Supreme Court refers Petitions against J&K lockdown to Constitution Bench

Supreme Court refers Petitions against J&K lockdown to Constitution Bench

NEW DELHI: The three judges bench comprising CJI Gogoi, Justices Bobde and Abdul Nazeer on Monday referred the petitions challenging the lockdown measures and communication shut down in Jammu and Kashmir to the Constitution Bench, which has been formed to hear the pleas challenging repeal of J&K special status and the bifurcation of the state.

The referred matters include the petition filed by Anuradha Bhasin, Executive Editor of Kashmir Times daily, challenging curbs on media and Dr. Sameer Kaul against the shut down of internet and mobile connections.

The bench has also referred to Constitution Bench the Public Interest Litigation filed by Enakshi Ganguly, an eminent child rights expert and Professor Shanta Sinha, the first Chairperson of the National Commission for Child Rights (NCPCR) against the alleged illegal detention of children in Jammu and Kashmir in the wake of revocation of Article 370 and bifurcation of State.

CJI Gogoi said that the report of the J&K Juvenile Justice Committee regarding the allegations has been received. The Court had called for a report from the Committee two weeks ago. The habeas petition filed by CPI(M) General Secretary Sitaram Yechury also stands referred to the Constitution Bench.

The Constitution Bench comprising Justices Raman, Sanjay Kishan Kaul, Subhash Reddy, B R Gavai and Surya Kant will start hearing the petitions challenging Presidential Orders under Article 370 and the Jammu and Kashmir Bifurcation Act from tomorrow.

On September 16, the Supreme Court had asked the Centre to make every effort to ensure that normalcy is restored in Jammu and Kashmir, by keeping in mind the interests of national security.

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